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Issues: Whether, on the death of a Mahant, the properties of the Math or any interest therein passed so as to form part of the dutiable estate under the Estate Duty Act, 1953.
Analysis: The deceased was found to be only a Mahant managing the Math property under the established Guru Parampara, while the Math remained the owner of the properties. The deceased had a right to be maintained from the Math property and a right of residence, apart from the right to nominate a successor, but those interests were co-existing incidents of the office and not absolute ownership of the property. The interest, even if existent, could not be effectively computed under section 40 of the Estate Duty Act, 1953, and therefore the estate could not be brought within the charge of estate duty. Mere recitals in the will describing the deceased as owner did not alter the true character of the property.
Conclusion: No property passed on the death of the deceased so as to be includible in the dutiable estate, and the answer was in favour of the assessee and against the Revenue.
Ratio Decidendi: Where a Mahant is only a manager of Math property and the deceased's rights are limited to maintenance, residence, and nomination of a successor, such rights do not amount to passing of property chargeable to estate duty, especially where computation of the interest fails under the charging scheme.
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